Last Revised: November 19, 2002
("andx.com ") as provided by the Golf Digest Companies. ("Service
Provider"). Please read the terms contained in this Agreement carefully. You can
access this Agreement at any time by clicking on "User Agreement" at the
bottom of every page of Golfdigestproshop. If you cannot agree with these terms, please
do not use andx.com.
These terms may be modified from time to time; the date of the most recent revisions
will appear on this page. Continued access of andx.com by you will constitute your
acceptance of any changes or revisions to the Agreement.
Your failure to follow these terms, whether listed below or posted at various points in andx.com,
may result in suspension or termination of your access to andx.com, without notice, in
addition to Service Provider's other remedies.
REGISTRATION AND ACCOUNT CREATION
You will be required to provide Service Provider with certain registration information.
You agree and represent that all registration information provided by you is accurate
and up-to-date. If any of your registration information changes, you must update it by
USE OF PASSWORD
Your right to use andx.com is personal to you - you may not authorize others to use andx.com,
and you are responsible for all use by you and those you allow to use andx.com. You may
not sub-license, transfer, sell or assign this Agreement to any third party without our
written approval. Any attempt to do so will be null and void and shall be considered a
material breach of this Agreement.
You will be solely responsible for maintaining the confidentiality of your password. You
are solely responsible for all usage or activity on your account including, but not
limited to, use of the account by any person who uses your subscriber ID and password.
If you have reason to believe that your account is no longer secure (for example, in the
event of a loss, theft or unauthorized disclosure or use of your ID, password or any
credit, debit or charge card number stored on andx.com), you must promptly change your
password and notify Service Provider of the problem by http://www.andx.com/contact_us.asp.
FEES AND PAYMENTS
Service Provider may charge you fees for access to portions of andx.com or andx.com as a
whole. You agree to pay all fees and charges, including applicable taxes, incurred
through your account at the rates in effect for the billing period in which such fees
and charges are incurred, including but not limited to charges for any products or
services offered for sale through andx.com by Service Provider or by any third party
vendor or service provider (such fees, charges and taxes shall collectively be referred
to as "Fees"). Service Provider reserves the right to change the amount of or
basis for determining any Fees, and to institute new Fees, effective upon prior notice
If you submit your credit card information to Service Provider upon registration or
otherwise, you give Service Provider permission to charge all Fees incurred through your
account to the credit card you designate on the Registration Form. Any additional Fees
(other than renewal fees) will be charged at the time they are incurred. If payment
cannot be charged to your credit card or your payment is returned to Service Provider
for any reason, including charge back, Service Provider reserves the right to either
suspend or terminate your account and all its obligations under this Agreement.
USE OF andx.com BY YOU
andx.com is not intended for users under the age of 18 and Service Provider does not
knowingly collect personally identifiable information from users under the age of 18.
Such users are expressly prohibited from using andx.com.
You agree not to use any obscene, indecent or offensive language or to place on andx.com
any material that is defamatory, abusive, harassing or hateful. Further, you may not
place on andx.com any material that is encrypted, constitutes junk mail or unauthorized
advertising, invades anyone's privacy, or encourages conduct that would constitute a
criminal offense, give rise to civil liability, or that otherwise violates any local,
state, national or international law or regulation. You agree to use andx.com only for
lawful purposes, and you acknowledge that your failure to do so may subject you to civil
and criminal liability.
You are responsible for ensuring that any material you provide to andx.com or post on a
bulletin board or forum, including but not limited to text, photographs and sound, does
not violate the copyright, trademark, trade secret or any other personal or proprietary
rights of any third party or is posted with the permission of the owner(s) of such
Material on andx.com is for your personal use only. andx.com contains copyrighted and
other proprietary information. You may not in any way make commercial or other
unauthorized use, by publication, re-transmission, distribution, performance, caching or
otherwise, of material obtained through andx.com, except as permitted by the Copyright
Act or other law or as expressly permitted in writing by this Agreement, Service
Provider or andx.com.
You agree not to disrupt, modify or interfere with andx.com, or its associated software,
hardware, and/or servers in any way, and you agree not to impede or interfere with
others use of andx.com. You further agree not to alter or tamper with any information or
materials on or associated with andx.com.
Other than connecting to Service Provider's servers by http requests using a Web
browser, you may not attempt to gain access to Service Provider's servers by any means -
including, without limitation, by using administrator passwords or by masquerading as an
administrator while using andx.com or otherwise.
You acknowledge that Service Provider has not reviewed and does not endorse the content
of all sites linked to from andx.com and is not responsible for the content or actions
of any other sites linked to from andx.com. Your linking to any service or site is at
your sole risk.
USE OF MATERIAL SUPPLIED BY YOU
For information regarding use of the material and information you supply or communicate
posting messages, uploading files, inputting data, or engaging in any other form of
communication through andx.com, you grant us a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance,
transmit, distribute, publicly perform, display, or sublicense any such communication
(including your identity and information about you) in any medium (now in existence or
hereinafter developed) and for any purpose, including commercial purposes, and to
authorize others to do so.
Service Provider respects the intellectual property of others, and we ask our users to
do the same. Service Provider may, in appropriate circumstances and at its discretion,
suspend or terminate the access of and take other action against users, subscribers,
registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on andx.com in a way
that constitutes copyright infringement, or that andx.com contains links or other
references to another online location that contains material or activity that infringes
your copyright rights, you may notify Service Provider by providing the following
information (as required by the Online Copyright Infringement Liability Limitation Act
of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to Service Provider's
copyright agent set forth below:
- A physical or electronic signature of person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit Service Provider to locate
- Information reasonably sufficient to permit Service Provider to contact the
complaining party, such as an address, telephone number, and if available, an
electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law;
- A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
8825 Beach St
Los Angeles CA 90002
By e-mail: email@example.com
Note: Only copyright
complaints should be sent to agent. No other communications will be accepted or
For communications on other matters, please contact
MATERIALS POSTED BY OTHERS
You agree that Service Provider and its third-party service providers are not
responsible, and shall have no liability to you, with respect to any information or
materials posted by others, including defamatory, offensive or illicit material, even
material that violates this Agreement.
COMMENTS BY USERS ARE NOT ENDORSED BY SERVICE PROVIDER
Service Provider does not necessarily endorse, support, sanction, encourage, verify or
agree with the comments, opinions or statements posted on bulletin boards, forums or
otherwise contained in andx.com. Nor does Service Provider or its service providers make
any warranties with respect to any of the merchandise featured or mentioned in andx.com.
Any information or material placed online, including advice and opinions, are the views
and responsibility of those who post the statements, or those who actually sell any
merchandise, and do not necessarily represent the views of Service Provider or its
third-party service providers.
You agree to indemnify Service Provider and its affiliates, employees, agents,
representatives and any third-party service providers, and to defend and hold each of
them harmless, from any and all claims and liabilities (including attorneys' fees),
which may arise from your submissions, from your unauthorized use of material obtained
through andx.com, or from your breach of this Agreement, or from any such acts through
your use of andx.com.
EDITING AND DELETIONS
Service Provider reserves the right, but undertakes no duty, to review, edit, move or
delete any material provided for display or placed on andx.com or its bulletin boards,
in its sole discretion, without notice.
Service Provider reserves the right to post, from time to time, additional terms of
usage that apply to specific parts of andx.com. Such additional terms will be posted in
the relevant parts of andx.com, and will be clearly identified. Your continued use of andx.com
constitutes your agreement to comply with these additional terms.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING andx.com AT YOUR OWN RISK. andx.com IS PROVIDED
"AS IS," AND SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE
PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE,
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER
WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN
ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION CONTAINED THEREIN OR PROVIDED BY andx.com. SERVICE PROVIDER, ITS AFFILIATES
AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO andx.com
WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON andx.com.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF
SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR
INABILITY TO ACCESS andx.com, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM andx.com,
YOUR USE OF OR RELIANCE ON andx.com OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS
AVAILABLE ON andx.com, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE
PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM
CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN
AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"),
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF CONDENASTART.COM, INCLUDING ANY
DISPUTES BETWEEN USERS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL
CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR".
TERMINATION OF ACCESS TO andx.com
Service Provider has the right to terminate your ability to access andx.com or any
portion thereof, for any or no reason, without notice.
Service Provider makes no representation that materials on andx.com are appropriate,
available or legal in any particular location. Those who choose to access andx.com do so
on their own initiative and are responsible for compliance with local laws, if and to
the extent to local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed and construed in
accordance with the laws of the State of New York and the United States applicable to
contracts to be wholly performed therein, and any action based on or alleging a breach
of this Agreement must be brought in a state or federal court in New York, New York. In
addition, both parties agree to submit to the exclusive personal jurisdiction and venue
of such courts.
Service Provider shall not be liable for delays in performing or failure to perform this
Agreement or any obligations hereunder, which are directly attributable to causes beyond
its reasonable control, including but not limited to, acts of God, fires, strikes, labor
disputes, war, acts or intervention by any governmental authority, failure of a common
carrier, supplier, hardware, software, browser, or communications equipment, or network
failure, congestion, or malfunction.